Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2012

FIRST DAY

____________

Charleston, W. Va., Friday, March 16, 2012

Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Earl Ray Tomblin, dated the sixteenth day of March,
two thousand twelve, convening the eightieth Legislature of West
Virginia in extraordinary session today (Friday, March 16, 2012),
under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston immediately upon
adjournment sine die of the Extended Budget Session and was called
to order by its President, the Honorable Jeffrey V. Kessler.

Prayer was offered by the Honorable Ronald F. Miller, a
senator from the tenth district and Pastor, Shuck Memorial Baptist
Church, Lewisburg, West Virginia, and West Point Baptist Church,
Asbury, West Virginia.

Thirty-one members having answered to their names, the
President declared the presence of a quorum.

Executive Communications

Senator Kessler (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the
Clerk:

STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

A P R O C L A M A T I O N

By the Governor

I, EARL RAY TOMBLIN, by virtue of the authority vested in me
as Governor by Section 7, Article VII of the Constitution of West
Virginia, do hereby call the Legislature of West Virginia to
convene in Extraordinary Session upon adjournment sine die of the
2012 Regular Session, as extended by Proclamation dated March 7,
2012, and further extended by Proclamation dated March 13, 2012, in
its chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:

FIRST: Legislation relating to the establishment,
implementation and administration of a tax credit and required
payment program designed to enhance the prospects of restarting a
large energy-intensive manufacturing facility.

SECOND: A supplemental appropriation bill expiring funds to
the unappropriated surplus balance in the State Fund, General
Revenue, for the fiscal year ending June 30, 2012, from fund 0105,
fiscal year 2009, organization 0100, of the Governor’s Office -
Civil Contingent Fund; and making a supplementary appropriation
from the unappropriated surplus balance in the State Fund, General
Revenue, to fund 0105, fiscal year 2012, organization 0100, of the
Governor’s Office - Civil Contingent Fund.

THIRD: Legislation authorizing and appropriating the
expenditure of public moneys to pay the expenses of this
extraordinary session.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the Sixteenth
day of March, in the year of our
Lord, Two Thousand Twelve, and in
the One Hundred Forty-Ninth year
of the State.

EARL RAY TOMBLIN,

Governor.

By the Governor:

NATALIE E. TENNANT,

Secretary of State.

Senator Unger offered the following resolution:

Senate Resolution No. 101--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.

Resolved by the Senate:

That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.

At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

Whereupon, the President appointed as members of such committee
the following:

Senators Laird, Klempa and Nohe.

Subsequently, Senator Laird, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.

A message from the House of Delegates, by

Delegates Hall, Mahan and Carmichael, announced that the House
of Delegates has assembled in extraordinary session, with a quorum
present, and is ready to proceed with the business stated in the
proclamation convening the Legislature.

Senator Unger then offered the following resolution:

Senate Resolution No. 102--Raising a committee to wait upon the
Governor.

Resolved by the Senate:

That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.

At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

Whereupon, the President appointed as members of such committee
the following:

Senators Miller, Tucker and Hall.

A message from the House of Delegates, by

Delegates Doyle, T. Campbell and J. Miller, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 102.
Senate and House members of this select committee then proceeded to
the executive offices.

Subsequently, Senator Miller reported that the joint Senate and
House committee had performed the duty assigned to it.

The Senate proceeded to the sixth order of business.

On motions for leave, severally made, the following bills were
introduced, read by their title, and referred to the appropriate
committees:

By Senators Kessler (Mr. President) and Hall (By Request of the
Executive):

Senate Bill No. 1001--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-3a, §11-13CC-4 and
§11-13CC-5; and to amend and reenact §24-2-1j of said code, all
relating to creating the Energy Intensive Industrial Consumers
Revitalization Tax Credit Act; making legislative findings and
declaring purpose; establishing tax credits for suppliers of coal
to certain electric utilities who are subject to the coal severance
tax subject to certain limitations and requirements; specifying
when the tax credits may be claimed; authorizing the carry forward
of tax credits subject to certain limitations and restrictions;
specifying how the tax credits are calculated and allocated;
providing for applicability of tax credit against required minimum
severance tax payments on coal; specifying how the payments
triggered by the tax credits are to be calculated and made;
authorizing the notification and disclosure of certain information
related to the implementation and administration of tax credits and
required payments; establishing certain effective dates and
expiration dates; granting the Public Service Commission certain
authority concerning special rates and prescribing certain
limitations and requirements related thereto; and requiring
information on special rates in the Public Service Commission’s
annual report.

Referred to the Committee on Finance.

By Senators Kessler (Mr. President) and Hall (By Request of the
Executive):

Senate Bill No. 1002--A Bill expiring funds to the
unappropriated surplus balance in the State Fund, General Revenue,
for the fiscal year ending June 30, 2012, in the amount of
$10,000,000 from the Governor’s Office - Civil Contingent Fund,
fund 0105, fiscal year 2009, organization 0100, activity 236, and
making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated
surplus balance in the State Fund, General Revenue, to the
Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year
2012, organization 0100, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2012.

Referred to the Committee on Finance.

Without objection, the Senate returned to the third order of
business.

A message from The Clerk of the House of Delegates announced the
passage by that body, to take effect from passage, and requested
the concurrence of the Senate in the passage of

Eng. House Bill No. 101--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-3a,
§11-13CC-4 and §11-13CC-5; and to amend and reenact §24-2-1j of
said code, all relating to creating the Energy Intensive Industrial
Consumers Revitalization Tax Credit Act; making legislative
findings and declaring purpose; establishing tax credits for
suppliers of coal to certain electric utilities who are subject to
the coal severance tax subject to certain limitations and
requirements; specifying when the tax credits may be claimed;
authorizing the carry forward of tax credits subject to certain
limitations and restrictions; specifying how the tax credits are
calculated and allocated; providing for applicability of tax credit
against required minimum severance tax payments on coal; specifying
how the payments triggered by the tax credits are to be calculated
and made; authorizing the notification and disclosure of certain
information related to the implementation and administration of tax
credits and required payments; establishing certain effective dates
and expiration dates; granting the Public Service Commission
certain authority concerning special rates and prescribing certain
limitations and requirements related thereto; and requiring
information on special rates in the Public Service Commission’s
annual report.

Referred to the Committee on Finance.

Pending announcement of a meeting of a standing committee of the
Senate,

On motion of Senator Unger, the Senate recessed for twenty
minutes.

Upon expiration of the recess, the Senate reconvened and, at the
request of Senator Unger, unanimous consent being granted, the
Senate returned to the second order of business and the
introduction of guests.

The Senate proceeded to the fourth order of business.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

And reports the same back with the recommendation that they each
do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being
granted, Senate Bill No. 1002 contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.

On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.

So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1002) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

At the request of Senator Prezioso, unanimous consent being
granted, Engrossed House Bill No. 101 contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.

On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.

At the request of Senator Helmick, unanimous consent being
granted, it was ordered that the Journal show had Senator Helmick
been present in the chamber in earlier proceedings today, he would
have voted "yea" on the passage of Engrossed House Bill No. 101.

Senator Unger offered the following pre-adjournment resolution:

Senate Resolution No. 103--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn sine die.

Resolved by the Senate:

That the President be authorized to appoint a committee of three
to notify the House of Delegates that the Senate has completed its
labors and is ready to adjourn sine die.

At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

Senator Kessler (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:

Senators Yost, Wills and Sypolt.

Subsequently, Senator Yost reported that the duties assigned by
Senate Resolution No. 103 had been performed.

Thereafter, a three-member delegation from the House of
Delegates, namely

Delegates Michael, Crosier and Evans, announced that that body
also had completed its labors and was ready to adjourn sine die.

Senator Unger then offered the following resolution:

Senate Resolution No. 104--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.

Resolved by the Senate:

That the President be authorized to appoint a committee of three
to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn sine die.

At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

Under the provisions of the foregoing resolution, Senator
Kessler (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate was ready to adjourn:

Senators Minard, Foster and K. Facemyer.

Delegates Martin, Ferns and Pasdon, then announced that they had
been appointed by that body to join with the similar committee
named by the Senate to wait upon His Excellency and were ready to
proceed with this assignment.

Senators Minard, Foster and K. Facemyer, comprising the Senate
committee, then joined the House committee and proceeded to the
executive offices to notify His Excellency, the Governor, of
imminent adjournment of this extraordinary session of the
Legislature.

Subsequently, Senator Minard, from the joint select committee
to notify His Excellency, the Governor, that the Legislature had
completed the business of this extraordinary session and was ready
to adjourn sine die, returned to the chamber and was recognized by
the President. Senator Minard then reported this mission
accomplished.

At the request of Senator Tucker, unanimous consent being
granted, the Joint Committee on Enrolled Bills was granted
permission, after it has examined, found truly enrolled and
presented to His Excellency, the Governor, for his action, bills
passed but not presented to him prior to adjournment of this first
extraordinary session of the eightieth Legislature in the year two
thousand twelve, to file its reports with the Clerk and that the
same be included in the Journal of the last day of the session; and
also, that any communications from His Excellency, the Governor, as
to his action on bills after adjournment of the session, be
included in the Journal.

In accordance with the foregoing unanimous consent agreement,
the following reports of the Joint Committee on Enrolled Bills were
filed as follows:

Senator Tucker, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly
enrolled, and on the 21st day of March, 2012, presented to His
Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:

Senator Tucker, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly
enrolled, and on the 29th day of March, 2012, presented to His
Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:

Under authorization of Senate approval therefor in prior
proceedings today, to include in this day’s Journal communications
showing the Governor’s action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:

The Clerk then presented communications from His Excellency, the
Governor, advising that on March 21, 2012, he had approved Enr.
Senate Bill No. 1002; and on April 2, 2012, he had approved Enr.
House Bill No. 101.

On motion of Senator Unger, the first extraordinary session of
the Senate in the year two thousand twelve adjourned sine die.